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(영문) 청주지방법원 2018.10.04 2018고단1451

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2017, the Defendant: (a) at the Cheongju District Court rendered a summary order of KRW 4 million for a crime of violating the Road Traffic Act; (b) on February 19, 2014, the Cheongju District Court received a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act; and (c) on February 19, 2014, issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act on at least two occasions; (d) again, on June 20, 2018, the Defendant was driving a car under the influence of alcohol in the state of alcohol under the Road Traffic Act on at least two occasions; and (e) on the front of a restaurant in the Heung-gu Bungdong-gu Bungdong-gu, Hoju on which it is impossible to identify the trade name located in the Cheongju-si, Hoju-si from the front of the restaurant to the 282-day resignation of the Cheongju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Reporting on the arrest of the case;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the history of punishment for driving a suspect's drinking), and application of Acts and subordinate statutes attached to summary orders;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

The fact that the defendant has been already punished twice due to drinking driving is confessioned to the fact that he/she has been subject to punishment, and that he/she has no record of punishment more than suspended execution.